California Construction Trucking Association (CCTA)

Editor’s note: There are currently legal challenges filed in the U.S. Circuit Court of Appeals for the District of Columbia challenging the latest rulemaking. Both trucking industry and safety advocacy groups are challenging the aspects of the latest rulemaking.

Some would say the long battle over federal hours-of-service rules is “the never-ending story,” but we know the story had its beginning in 1935 with the passage of the Motor Carrier Act and the latest chapter was written by the Federal Motor Carrier Safety Administration (FMCSA) in December 2011 with the publication of a new set of modifications. 

Keep in mind, former Administrator of FMCSA, Annette Sandberg famously said, “HOS will never be settled in our lifetime.”  It’s déjà vu all over again.

Some of the new changes took effect on February 27, 2012.  The FMCSA says “rule changes that affect Appendix B to Part 386 — Penalty Schedule; Violations and Monetary Penalties; the oilfield exemption in § 395.1(d)(2); and the definition of on-duty time in § 395.2 must be complied with on the effective date. Compliance for all the other rule changes is not required until July 1, 2013.”

While most in the construction industry object to drivers in our market segment being included in these rules, which are written largely for over-the-road operations, the FMCSA continues to reject this argument, so the new rules apply to our industry when operating in interstate commerce, but not intrastate work performed by most of our members, which is largely controlled by the rules of the state Department of Industrial Relations (DIR). 

As with any big regulatory re-write, many have questions about the changes.  You can access the official language at the Department of Transportation website: www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/HOS-Final-Rule-12-27-11.aspx  .

Here are the basics:

• Driver Limit- A driver may drive a maximum of 11 hours after 10 consecutive hour’s off-duty.
• 14 hour limit-a driver may not drive beyond 14 consecutive hours after coming on-duty; following 10 consecutive hours off-duty. Off-duty does not extend the 14 hour period.
• 60/70 hour on-duty limit-a driver may not drive after 60/70 hours on-duty in 7/8 consecutive days.
• A driver may re-start their 60/70 hour clock after taking 34 or more consecutive hours “off” duty.
• Sleeper Berth provisions- A driver using the “sleeper berth” provisions, must take at least 8 consecutive hours in the “sleeper berth” plus a separate either 2 consecutive hours in the sleeper berth, off-duty time, or a combination of both.

Limitations on the minimum 34 hour re-start:

• Must include 2 consecutive overnight periods between 1 a.m. and 5 a.m. (home terminal time);
• May only be used once every 168 hours (7 days);

Rest breaks:

• A driver may only drive, if 8 hours or less has passed, since the end of the driver’s last off-duty period, of at least 30 minutes.
• The mandatory in-attendance time, may be included in the break, if no other duties are performed.
• When it comes to on-duty, time;
• It does not include any time resting in a parked vehicle.
• In a moving vehicle carrying a commercial driver, it does not include up to 2 hours, in the passenger seat, immediately, before, or after 8 consecutive hours in the “sleeper berth.”

The penalties:

• Driving or allowing the driver to drive 3 or more hours beyond the driving time limit may be considered egregious violations, and;
• This is subject to maximum severe penalties.

This also applies to passenger carrying drivers.